OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN REGULAR SESSION OCTOBER 13, 2004

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1 OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN REGULAR SESSION OCTOBER 13, 2004 The Chairman, Mr. C. Voisin, called the meeting to order at 6:03 p.m. in the Terrebonne Parish Council Meeting Room. Following the Invocation, led by Councilman P. Rhodes, Councilman A. Tillman led the Pledge of Allegiance. Upon roll call, Council Members recorded as present were: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert, A quorum was declared present. Ms. C. Duplantis moved, seconded by Mr. H. Lapeyre, THAT, the Council approve the minutes of the Regular Council Session held on 9/8/04. The Chairman called for a vote on the motion offered by Ms. C. Duplantis. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None Mr. H. Lapeyre moved, seconded by Ms. C. Duplantis and Mr. P. Rhodes, THAT, the Council approve the Parish Bill List dated 10/11/04. The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. YEAS: A. Tillman, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: W. Thibodeaux ABSENT: None Mr. H. Lapeyre moved, seconded by Ms. K. Elfert, THAT, the Council approve the Parish Manual Check List for August The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert

2 NAYS: None ABSTAINING: None ABSENT: None OFFERED BY: SECONDED: Ms. C. Duplantis. Unanimously. RESOLUTION NO WHEREAS, Livestock and Agriculture Fairs are held throughout the United States for generations as a means of providing quality, family entertainment and for reminding everyone of the history of our great country, and WHEREAS, exhibits and judging at said fairs contribute much to the fabric of life in the community by encouraging those who participate, especially the young people, to improve of their skills in their chosen events, and WHEREAS, those who attend Livestock and Agriculture Fairs cross all social, economic and cultural backgrounds and are enjoyed by literally all those who attend, and WHEREAS, rodeos are truly an American sport, having evolved from the everyday life of the working cowboys in the post-civil War era of the great cattle drives, and WHEREAS, the men and women who contribute their time, money and skills are our friends and neighbors and are deserving of our support. NOW, THEREFORE BE IT RESOLVED by the Terrebonne Parish Council, on behalf of the Parish President and the entire Terrebonne Parish Consolidated Government, that the week of October 10 17, 2004 be proclaimed Fair and Rodeo Week in the Parish of Terrebonne, and that everyone be urged to participate in this worthwhile event. THERE WAS RECORDED: YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes and P. Lambert. ABSENT: None. The Chairman declared the resolution adopted on this, the 13 th day of October, * * * * * * * * * The Chairman recognized Ms. Kathy Bice, President of Terrebonne Livestock, who accepted the proclamation, thanked the Council and Parish President, and introduced the following Livestock s 2004 Queens: Lead Line Queen Ms. Mary Quick Little Miss Queen Ms. Kaley Woodard Pee Wee Queen Ms. Jamie Pierce Junior Queen Ms. Nicole Gaudet Senior Queen Ms. Jessica Brew (not present) The Chairman recognized Mr. Dan Davis, representing the Terrebonne Livestock Association, the Krewe of Hercules, and Cerebral Palsey of Louisiana, who expressed his concerns relative to the condition of the airbase arena and facility on which the livestock events are held. He stated that Terrebonne Livestock Association is willing to put together a Grounds

3 Enhancement Committee to prioritize the immediate needs. He requested any assistance the Parish could provide. Councilwoman C. Duplantis expressed what great asset rodeos provide to the youth of the Parish and suggested that the Airport Commission be approached to help provide some assistance to enhance the grounds and facility at the Airbase. Councilman P. Rhodes stated that he has been searching for ways to enhance the facility and grounds on the Airbase where the Livestock fairs and rodeos are held. He stated that he will work very hard in finding ways to provide the much-needed improvements, but the Parish Government s budget is very limited. Mr. A. Tillman moved, seconded by Ms. K. Elfert, THAT, the Council deviate from the agenda to take agenda item 7A1 (Proposed closure of the East Houma Fire Station) out of order to discuss this matter at this time. The Chairman called for a vote on the motion offered by Mr. A. Tillman. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None The Chairman recognized the following individuals from East Houma who expressed their opposition to the proposed closure of the East Houma Fire Station: Pastor Howard Smith, Jr., Resident Baptist Church on Isaac Street expressed his concerns relative to detriment the closure of the East Houma Fire Station would place on the community. Mr. Kevin Thompson Evelyn Avenue resident and local attorney - presented petitions from residents opposing the closure of the East Houma Fire Station. Mr. A. Tillman moved, seconded by Ms. K. Elfert and Mr. P. Lambert, THAT, the Council formally accept the petitions from East Houma residents who expressed their opposition to the closure of the East Houma Fire Station. The Chairman called for a vote on the motion offered by Mr. A. Tillman. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None Mr. Kevin Thompson stated that he believes that the East Houma Fire Station services a much larger population than the East Park Fire Station. He expressed his concerns relative to the increase in traffic in Houma at peak times and the possible delay in response time the closure of the East Houma Station could impose.

4 Mr. P. Rhodes moved, seconded by Ms. C. Duplantis, THAT, the Council extend Mr. Kevin Thompson s time an additional three minutes. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None Mr. Kevin Thompson suggested that there are other ways to confining the budget without closing the East Houma Fire Station. Mr. P. Rhodes moved, seconded by Mr. H. Lapeyre, THAT, the Council extend the time to open public hearings until the matter regarding the proposed closure of the East Houma Fire Station is complete. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None The Chairman continued recognizing the following East Houma residents opposing the closure of the East Houma Fire Station: Mr. Henry Randolph, Truman Street resident and former City of Houma Fire Fighter stated that the East Houma Fire Service area has more homes than the East Park Fire Service area and the majority of them are wood framed. He stated that it makes more sense to close the East Park Fire Station down than East Houma. Ms. K. Elfert moved, seconded by Mr. A. Tillman and Mr. H. Lapeyre, THAT, the Council extend Mr. Henry Randolph s time an additional three minutes. The Chairman called for a vote on the motion offered by Ms. K. Elfert. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None

5 Mr. Henry Randolph offered alternatives on other ways to curtail the Houma Fire Department s expenses instead of closing the East Houma Fire Station down. Ms. Suzette Thomas, East Houma resident Expressed her concerns relative to the viable and needed fire protection services for the residents in East Houma that the East Houma Fire Station provides. She expressed her concerns for a possible delay in response time in the event of rush hour traffic, bridge closures, or an accident in the Tunnel the closure of that station could have. Councilman A. Tillman expressed his concerns relative to a Comprehensive Analysis of the City of Houma Fire Department that recommended that the East Park Fire Station could be closed without adversely impacting the present fire rating and the reassignment of the crew to other stations would reduce operational expenses. Upon questioning by Councilman A. Tillman, Parish President D. Schwab stated that he is aware of the Comprehensive Analysis of the City of Houma Fire Department, but is not aware it contained a recommendation to close East Park Fire Station. Upon further questioning by Councilman A. Tillman, Parish Manager B. Blackwell stated that as a result of the recommendation from the Comprehensive Analysis of the City of Houma Fire Department that East Park Fire Station and the recommendations of the Houma Fire Chief, he met with a representative of the Property Insurance Association of Louisiana (PIAL), who has been grading the fire rating for the City of Houma for the last fifteen years. The representative indicated that either the East Park or East Houma Fire Station could be closed without detrimental impact. He stated that he indicated that by closure of one station, the rating would actually rise because of the number of fire persons that would be located per station. He stated that the relocation of the South Houma Fire Station, because of the population shift further along the Highway 311 corridor, would be a benefit to the future potential rating. Councilman A. Tillman stated that he hopes there would be a way to keep both the East Houma and East Park Fire Stations open, but if one has to be closed he would ask that the recommendation of the study performed be implemented to close the East Park Fire Station. Upon further questioning by Councilman A. Tillman, Parish Manager B. Blackwell stated that Administration s primary goal is to recognize the value of PIAL s assessment in trying to help communities improve their overall firefighting capabilities. He stated that PIAL has been consistent in indicating the need for the fifth fire station in the City of Houma needs to be eliminated. Councilman A. Tillman requested that Administration find some way to keep East Houma Fire Station and East Park Fire Station open, but if one is closed to follow the recommendation of the report that was paid for by the Parish. Parish Manager B. Blackwell clarified that nowhere in the Fire Chief s recommendation for restructure from going to five to four station does it have any mention of a firefighter loosing their job. He stated that PIAL is telling us that giving the size of this City, the most appropriate thing to do on behalf of the citizens and firefighters safety is to consolidate the stations, place more firefighters at fewer stations so that when that first truck arrives at a fire call there are more human resources to combat the fires. Councilman A. Tillman expressed his concerns relative to the Fire Chief indicating that if a station is not closed, that firefighters would have to be laid off. Parish Manager B. Blackwell stated that Administration would never recommend keeping five fire stations open and reducing the number of fireman because it would put the firemen in jeopardy. Councilman A. Tillman expressed his concerns relative to not having any documentation from PIAL that indicated the position Mr. Blackwell spoke about.

6 Upon questioning by Councilman A. Tillman, Parish Manager B. Blackwell stated that Administration supports the recommendation of the City of Houma Fire Chief to close the East Houma Fire Station. Councilwoman K. Elfert instructed the Council Clerk to make sure the Council Members receive a copy of the Comprehensive Analysis of the City of Houma Fire Department Councilman Tillman spoke about. She also requested Administration to request the representative of PIAL to come before the Council to answer questions regarding the matter at hand. Chairman C. Voisin acknowledged that former Council Member Garyland Wallis and former School Board Member Leroy Lyons were present in the audience. A discussion ensued relative to the proposed closure of the East Houma Fire Station. Mr. H. Lapeyre moved, seconded by Mr. P. Rhodes, THAT, it now being 6:30 p.m., the Council open public hearings. The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. YEAS: A. Tillman, W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: None The Chairman recognized the public for comments on the following: A. The proposed 2005 Operations and Maintenance Budget of the Terrebonne Parish Consolidated Government and the 5-Year Capital Outlay Budget, as presented by the Parish President There were no comments from the public on the proposed ordinance. Mr. P. Rhodes moved, seconded by Mr. W. Thibodeaux, THAT, the Council continue the public hearing until October 27, 2004 on the proposed 2005 Operations and Maintenance Budget of the Terrebonne Parish Consolidated Government and the 5-Year Capital Outlay Budget, as presented by the Parish President. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman and C. Duplantis The Chairman recognized the public for comments on the following: B. A proposed ordinance to amend the boundaries of Fire Protection District No. 4A

7 There were no comments from the public on the proposed ordinance. Mr. P. Rhodes moved, seconded by Mr. H. Lapeyre, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman and C. Duplantis The ordinance having been introduced at a meeting held on September 8, 2004, was offered for final adoption by Mr. Peter Rhodes and seconded by Mr. Harold Lapeyre. ORDINANCE NO An ordinance providing for the amendment and change of the boundaries of Fire Protection District No. 4-A of the Parish of Terrebonne, State of Louisiana. WHEREAS, Part I, Chapter 7, Title 40 of the Louisiana Revised Statutes of 1950, and other constitutional and statutory authority supplemental thereto (the "Act") authorizes the Terrebonne Parish Council of the Parish of Terrebonne, State of Louisiana (the "Council") to amend and change the boundaries of fire protection districts in the Parish of Terrebonne, State of Louisiana; WHEREAS, this Parish Council adopted a resolution on September 8, 2004, giving notice of intention to change or amend the boundaries of the District and giving notice of a hearing on said matter to be held on October 13, 2004; and WHEREAS, said hearing was held on October 13, 2004, at which hearing no one objected to the proposed change or amendment to said boundaries; WHEREAS, this Council now proposes to amend and change the boundaries of Fire Protection District 4-A of the Parish of Terrebonne, State of Louisiana (the District ). NOW, BE IT ORDAINED by the Terrebonne Parish Council of the Parish of Terrebonne, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Parish of Terrebonne, State of Louisiana (the "Parish"), that: SECTION 1. The boundaries of the District are hereby amended and changed and shall hereforth comprise and embrace all of that territory within Ward No. 4 of the Parish of Terrebonne, Louisiana, as presently constituted, LESS AND EXCEPT that portion of said Ward No. 4 which is also within the boundaries and corporate limits of the City of Houma, Louisiana, as presently constituted. SECTION 2. That due notice of the change or amendment of the boundaries of the District shall be published in accordance with law, and that the Chairman of this Parish Council be and he is hereby instructed and ordered to issue notice of the change or amendment of the boundaries of the District and to cause publication thereof to be made in accordance with the requirements of Part 1, Chapter 7, Title 40 of the Louisiana Revised Statutes of SECTION 3. This ordinance shall be effective immediately.

8 THIS ORDINANCE HAVING BEEN SUBMITTED TO A VOTE, THE VOTE THEREON WAS AS FOLLOWS: YEAS: Wayne Thibodeaux, Kim Elfert, Teri C. Cavalier, Harold Lapeyre, Clayton Voisin, Peter Rhodes and Pete Lambert. NAYS: NONE. ABSENT: Alvin Tillman and Christa Duplantis. AND THE ORDINANCE WAS DECLARED DULY ADOPTED ON THIS, THE 13TH DAY OF OCTOBER, 2004, AT A REGULAR MEETING OF THE COUNCIL, A QUORUM OF THE MEMBERS BEING PRESENT. * * * * * * * * * The Chairman recognized the public for comments on the following: C. The proposed condemnation of property located at 217 Fairlane Drive There were no comments from the public on the proposed ordinance. Upon questioning by Councilman W. Thibodeaux, Planning & Zoning Director P. Gordon stated that it doesn t appear that the owner of the aforementioned property has performed much work on the property; therefore he anticipates at the next meeting to recommend tearing it down. Mr. W. Thibodeaux moved, seconded by Mr. H. Lapeyre, THAT, the Council continue the public hearing on the proposed condemnation of property located at 217 Fairlane Drive to the October 25, 2004 Special Session for condemnations. The Chairman called for a vote on the motion offered by Mr. W. Thibodeaux. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman and C. Duplantis The Chairman recognized the public for comments on the following: D. A proposed ordinance that will amend the 2004 Parish Budget to address various items as contained therein There were no comments from the public on the proposed ordinance. Mr. P. Rhodes moved, seconded by Ms. K. Elfert, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None

9 ABSTAINING: None ABSENT: A. Tillman and C. Duplantis OFFERED BY: SECONDED BY: Mr. P. Rhodes. Ms. K. Elfert. ORDINANCE NO AN ORDINANCE TO AMEND THE 2004 ADOPTED BUDGET OF THE TERREBONNE PARISH CONSOLIDATED GOVERNMENT FOR VARIOUS ITEMS AS EXPLAINED BELOW AND TO AMEND THE 5-YEAR CAPITAL OUTLAY PROJECTS. SECTION I WHEREAS, TPCG has been awarded $662,670 by DOTD for the Forced Drainage Project 1-1A, and WHEREAS, this project is for the channel excavation from Barrow Street to Polk Street, which is Phase I of SPN NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget and the 5-Year Capital Outlay of the Terrebonne Parish Consolidated Government be amended as follows: FUND 655 PARISHWIDE DRAINAGE CONSTRUCTION FUND A Drainage Project $662, DOTD 1-1A Drainage Project <$662,670.00> Project Description Year of Funding Amount of Funding Total Funding A Drainage Project Prior Years $572, $662, $1,235, SECTION II WHEREAS, the Terrebonne Parish Council has approved Resolution No authorizing the Parish President to execute DNR Cooperative Agreement No concerning Parish Coastal Wetlands Restoration Project, and WHEREAS, the amount of $36,0000 is approved for this project. NOW, THEREFORE BE IT RESOLVED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government be amended as follows: FUND 659 CAPITAL PROJECTS CONTROL FUND Coastal Wetlands Restoration $36, DNR Christmas Tree Program <$36,000.00> Project Description Year of Funding Amount of Funding Total Fund Coastal Wetlands Prior Years $18, Restoration

10 2004 $36, $54, SECTION III WHEREAS, FEMA has approved TPCG s request for a scope change to the Acquisition/Elevation Project Project # , and WHEREAS, an additional amount of $3,523,333 is approved for this change order for this project. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget of the Terrebonne Parish Consolidated Government be amended as follows: FUND 213 HAZARD MITIGATION GRANT FUND Land $3,500, Lili/Isadore Hazard Mitigation <$3,500,000.00> SECTION IV WHEREAS, the HUD Head Start Revenue was transposed upon adoption and requires an adjustment. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget of the Terrebonne Parish Consolidated Government be amended as follows: FUND 239 HUD HEAD START PROGRAM FUND HUD Head Start Revenue <$360.00> Fund Balance (Increase) $ SECTION V WHEREAS, there is a new allocation for the Law Enforcement Grant (Violence Against Women and Street Sales Disruption Unit) for the Fiscal Year NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget of the Terrebonne Parish Consolidated Government be amended as follows: FUND 216 OJP LCLE FUND Law Enforcement Grant <$13,662.00> Street Sales Disruption <$45,000.00> Public Safety Fund <$26,124.00> Grant Salaries $13, Grant Fringes $ Office Supplies $ Operating Supplies $ Travel & Training $ Salaries allocated $53, Grant Fringes $14, FUND 204 PUBLIC SAFETY FUND OJP-LCLE $26, Fund Balance (Decrease) <$26,124.00>

11 Salaries Allocated <$1,182.00> Salaries Allocated <$20,504.00> Fringes Allocated <$116,227.00> Fund Balance (Increase) $137, SECTION VI WHEREAS, TPCG has been awarded $577,247 by DOTD for the Agnes Street Area Drainage Improvement (Project No. 02-DRA-36), and WHEREAS, Resolution No was adopted authorizing the Parish President to execute any and all matters relative to this project. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget and the 5-Year Capital Outlay of the Terrebonne Parish Consolidated Government be amended as follows: FUND 655 PARISHWIDE DRAINAGE CONSTRUCTION FUND Agnes Street Area Drainage Impr. $577, DOTD-Agnes St. <$577,247.00> Project Description Year of Funding Amount of Funding Total Funding A Drainage Project Prior Years $ $400, $177, $577, SECTION VII WHEREAS, FEMA has approved funding for a project for Acquisition/Elevation of Structures Project No. FMA , and WHEREAS, the project has been approved in the amount of $154,500 while the homeowners share is $51,500, and WHEREAS, Ordinance No approved the amount of $154,50 from FEMA, however the homeowners share of $51,500 needs to be approved. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget and the 5-Year Capital Outlay of the Terrebonne Parish Consolidated Government be amended as follows: FUND 223 FLOOD MITIGATION ASSISTANCE FUND FMA Acquisition Expense $51, Buyout Citizens Participation <$51,500.00> SECTION VIII WHEREAS, FEMA has approved funding for a project for Acquisition/Elevation of Structures Project No , and WHEREAS, the project has been approved in the amount of $18,198,000 including the homeowners share of $4,521,992, and WHEREAS, the homeowners share is required to be reflected in the Parish Financial Statement and related Budgets.

12 NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget and the 5-Year Capital Outlay of the Terrebonne Parish Consolidated Government be amended as follows: FUND 213 HAZARD MITIGATION GRANT FUND Other Fees $108, Lili/Isadore Hazard Mitigation <$108,926.00> Elevation $2,819, Land $1,268, Elevation Citizens Participation <$2,819,327.00> Buyout Citizens Participation <$1,268,181.00> SECTION IX WHEREAS, the 2040 Group Insurance Benefits were adopted with the anticipation of a 20% increase, and WHEREAS, the distribution to absorb this increase was a reduction in benefits, an increase in both the employee and employer contribution, and WHEREAS, the result decreased the anticipated medical claims and decreased the premium revenues. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2004 Adopted Budget and the 5-Year Capital Outlay of the Terrebonne Parish Consolidated Government be amended as follows: FUND 357 GROUP INSURANCE FUND Medical Claims <$1,257,028.00> Group Insurance Premium Revenue $1,257, SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections and other portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION III This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13(b) of the Home Rule Charter for a Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes and P. Lambert. ABSENT: A. Tillman and C. Duplantis. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * *

13 The Chairman recognized the public for comments on the following: E. A proposed ordinance to establish a No Parking: Tow Away Zone along Regal Row Council Clerk P. Labat stated that the Council received a letter from the Historical Society which said that the organization has tried to eliminate parking along Regal Row when they had a special event, but is not asking for action either way. Councilman P. Rhodes expressed his concerns relative to South Central Planning s report of the vicinity indicating that additional signs would not solve the problem. There were no comments from the public on the proposed ordinance. Mr. H. Lapeyre moved, seconded by Mr. W. Thibodeaux, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, and P. Lambert NAYS: P. Rhodes ABSTAINING: None ABSENT: A. Tillman and C. Duplantis OFFERED BY: SECONDED BY: Mr. H. Lapeyre. Mr. W. Thibodeaux. ORDINANCE NO AN ORDINANCE AMENDING THE PARISH CODE OF TERREBONNE PARISH, CHAPTER 18, SECTION TO ESTABLISH A NO PARKING TOW AWAY ZONE ON BOTH SIDES OF A PORITON OF REGAL ROW; TO AUTHORIZE THE INSTALLATION OF SAID SIGNS; AND TO ADDRESS OTHER MATTERS RELATIVE THERETO. SECTION I BE IT ORDAINED by the Terrebonne Parish Council, in regular session convened, acting pursuant to the authority invested in it by the Constitution and laws of the State of Louisiana, the Home Rule Charter for a Consolidated Government for Terrebonne Parish, and including, but not limited to, LSA R.S. 33:1368 and other statutes of the State of Louisiana, to amend the parish Codes of Terrebonne Parish, Chapter 18, Section to create a NO PARKING TOW AWAY zone along both sides of that portion of Regal Row between Museum Drive and Regency Lane, as follows: CHAPTER 18, Motor Vehicles and Traffic ARTICLE V, Stopping, Standing and Parking DIVISION II, Parish SECTION , No Parking Zones Both sides of Regal Row between Museum Drive and Regency Lane shall hereby be declared No Parking Tow Away Zones and appropriate No Parking Tow Away Zone signs shall be erected and maintained along said roadways. Any vehicle traveling on that portion of Regal Row shall adhere to the provisions of this ordinance.

14 SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections or other portions of this ordinance shall remain in full force and effect, the provisions of this section hereby being declared to be severable. SECTION III Any ordinance or part thereof in conflict herewith is hereby repealed. SECTION IV This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13 (b) of the Home Rule Charter for Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin and P. Lambert. NAYS: P. Rhodes. ABSENT: A. Tillman and C. Duplantis. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * * The Chairman recognized the public for comments on the following: F. A proposed ordinance authorizing the revocation of dedication of a right-of-way for Acklen Avenue from Highway 24 to Bayou Terrebonne, and to retain a 20 drainage right-of-way in the center of Acklen Avenue There were no comments from the public on the proposed ordinance. Mr. W. Thibodeaux moved, seconded by Mr. P. Lambert, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. W. Thibodeaux. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman and C. Duplantis OFFERED BY: SECONDED BY: Mr. W. Thibodeaux. Mr. H. Lapeyre & Mr. P. Lambert. ORDINANCE NO. 6922

15 AN ORDINANCE TO REVOKE THE DEDICATION OF RIGHT-OF-WAY FOR ACKLEN AVENUE FROM HIGHWAY 24 TO BAYOU TERREBONNE AND RETAIN A 20 DRAINAGE RIGHT-OF-WAY IN THE CENTER OF ACKLEN AVENUE; AND TO ADDRESS OTHER MATTERS RELATIVE THERETO. SECTION I BE IT ORDAINED by the Terrebonne Parish Council, in regular session convened, acting pursuant to the authority vested in it by the Constitution and laws of the State of Louisiana, and pursuant to the Home Rule Charter for a Consolidated Government, that it revoke the dedication of right-of-way for Acklen Avenue from Highway 24 to Bayou Terrebonne and retain a 20 drainage right-of-way in the center of Acklen Avenue. SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections and other portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION III This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13(b) of the Home Rule Charter for a Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes and P. Lambert. ABSENT: A. Tillman and C. Duplantis. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * * Upon questioning by Councilman W. Thibodeaux, Planning & Zoning Director P. Gordon stated that the adjacent property owner of the aforementioned property has been maintaining it for some time now and was the one who requested the revocation of the dedication of the right-of-way. He stated that the Parish does have a drainage servitude that is being retained and the rest is being released. The Chairman recognized the public for comments on the following: G. A proposed ordinance to declare Lot 15, Block 4 of Addendum No. 2 to A. J. Authement Subdivision #2 (Orange Street in Dulac) as surplus property and to authorize the disposal of same There were no comments from the public on the proposed ordinance. Mr. H. Lapeyre moved, seconded by Mr. P. Lambert, THAT, the Council close the aforementioned public hearing. *(MOTION VOTED ON AFTER BRIEF DISCUSSION.) Upon questioning by Councilman P. Rhodes, Comptroller J. Elfert stated that a resident close to the aforementioned property on Orange Street contacted the Parish who expressed

16 interest in purchasing the property and because the Parish had no need for it the property was decided to be sold for surplus. *The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman and C. Duplantis OFFERED BY: SECONDED BY: Mr. H. Lapeyre. Mr. P. Lambert. ORDINANCE NO An ordinance declaring Lot 15, Block 4, Addendum 2 to A.J. Authement Subdivision #2, Orange Street, Dulac, Louisiana, owned by Terrebonne Parish Consolidated Government as surplus property, and to address other matters relative thereto. SECTION I BE IT ORDAINED, that the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that property owned by the Terrebonne Parish Consolidated Government, described as Lot 15, Block 4 Addendum 2 to A. J. Authement Subdivision #2, Orange Street, Dulac, Louisiana, and depicted on the attached plat, which is made a part hereof, is hereby declared surplus. BE IT FURTHER ORDAINED, by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that Administration be hereby authorized to dispose of the property for the appraised value of THREE THOUSAND DOLLARS AND ZERO CENTS ($3,000.00). SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections and other portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION III Any ordinance or part thereof in conflict herewith is hereby repealed. SECTION IV This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13(b) of the Home Rule Charter for a Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: A. Tillman, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin and P. Lambert.

17 NAYS: W. Thibodeaux. ABSTAINING: P. Rhodes. ABSENT: None. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * * The Chairman recognized the public for comments on the following: H. A proposed ordinance consolidated the Houma Zoning Commission and the Houma- Terrebonne Regional Planning Commission There were no comments from the public on the proposed ordinance. Mr. P. Rhodes moved, seconded by Mr. H. Lapeyre, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman OFFERED BY: SECONDED BY: Mr. H. Lapeyre. Mr. W. Thibodeaux. ORDINANCE NO AN ORDINANCE TO AMEND THE PARISH CODE OF TERREBONNE PARISH, STATE OF LOUISIANA, CHAPTER 20, ARTICLE VI REPEALING SAID SECTION AND AMENDING SECTION IV TO CONSOLIDATED THE HOUMA-TERREBONNE REGIONAL PLANNING COMMISSION AND THE ZONING COMMISION, AND TO PROVIDE FOR RELATED MATTERS. WHEREAS, the Terrebonne Parish Consolidated Government has the right, power and authority, pursuant to Article 6, 17 of the Louisiana Constitution, to regulate planning, zoning and land use in Terrebonne Parish, and WHEREAS, the duly elected Parish Council of the Terrebonne Parish Consolidated Government believes it is in the best interest of a consolidated government to provide a single body to regulate planning, zoning and land use and desires to amend and reenact the Houma- Terrebonne Regional Planning Commission to provide for a new appointment procedure and to consolidate the functions of the Zoning Commission into the planning commission, and WHEREAS, with the adoption of the master plan for Terrebonne Parish, Planning for the Good Earth, the ability to comprehensively and uniformly consider development in relation to the goals, objectives, and strategies of the Plan can be best achieved through the deliberations and recommendations of one (1) administrative mechanism. NOW, THEREFORE BE IT ORDAINED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that:

18 SECTION I Article VI of Chapter 20 of the Terrebonne Parish Code is repealed. SECTION II Chapter 20, Article IV is amended to read as follows: Sec Definition. As used in this article, "commission" shall mean the Houma-Terrebonne Regional Planning Commission. Sec Regional commission created. There is hereby created the Houma-Terrebonne Regional Planning Commission under the authority granted in R.S. 33:131 through 33:140. State law references: Creation of regional planning commissions, R.S. 33:131. Sec Members and Terms 1.Members (a) The commission shall consist of nine (9) members, who shall be ratified by the Terrebonne Parish Council. (b) The members of the commission shall be resident electors of Terrebonne Parish. (c) The members of the commission shall be appointed and ratified as follows: i. The Parish President shall appoint two commissioners subject to confirmation by the Parish Council. The Parish President shall appoint one resident of that portion of the parish north of the Intracoastal Canal and one resident of the portion of the parish south of the canal. At least one of the Parish president s appointees shall be female. The Parish Council shall have thirty days after receipt of a president's appointment to confirm or reject an appointee. An appointee shall be deemed confirmed if the Council fails to act within the thirty days. ii. The Parish Council shall appoint seven commissioners. At least one of the Council s appointments shall be African American and at least two of the Council s appointments shall be residents of the City of Houma. 2. Terms (a) The terms of the commissioners appointed by the Parish President shall be concurrent with the president's term. (b) The term of a commissioner appointed by the Parish Council shall be five years except for the initial terms which shall be as follows: one commissioner shall serve an initial term of one year, one an initial term of two years, one an initial term of three years, two an initial term of four years, and two an initial term of five years, all as determined by lot at the first meeting of the board. (c) A vacancy in an unexpired term shall be filled for the remainder of the term in the manner of the original appointment. (d) The terms of all existing members of the current Houma-Terrebonne Regional Planning Commission and the zoning commission, serving on the effective date of this ordinance, shall expire on such date except that members of the Houma-Terrebonne Regional Planning Commission serving on such date shall continue to serve until the Parish Council Chairman determines that at least eight members have been appointed in accordance with this Article and are qualified. When at least eight members have been appointed and qualified pursuant to this Article, the Parish Council Chairman shall call an organizational meeting of the Houma-Terrebonne Regional Planning Commission. Sec Per diem; powers; fees.

19 a) All commission members, including those who receive no compensation for any other public elected or appointive office on which they may serve, may be paid a per diem of fifty dollars ($50.00) for each attendance at regular or specifically called meeting of the commission or the executive committee thereof, in no event to exceed two (2) such meetings per month, i.e. in no event is payment of a total per diem per such member to exceed one hundred dollars ($100.00) per month, payable out of the funds of the commission. Any member who holds other appointive or elective office for which compensation is paid may not receive per diem for service on the commission. (b) In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, to promote the health, safety, and welfare of the citizens of the Parish through the implementation of all planning, zoning and other land use controls adopted in pursuit thereof. Such powers shall include but are not limited to the preparation, revision, amendment, or extension of a plan or plans for the development of the regional planning area. the entirety of Terrebonne Parish. Such plan or plans shall be based on studies of the physical, social, economic, and governmental conditions and trends, and shall aim at the coordinated development of the area within the planning region. (c) If it becomes necessary to increase fees charged by the commission as a result of depleted funds due to the payment of the aforementioned per diem, approval by the parish council must be obtained prior to the implementation of any and all such increased charges. Sec Regional planning area. The regional planning area boundaries shall be the boundaries of the parish. Sec Service as parish and municipal planning commission. (a) Pursuant to the provisions of R.S. 33:137, the commission is hereby designated as the parish and municipal planning commission and, as such, shall have and exercise, as to and within the area defined in subsection (b), all of the power and authority vested in a parish and municipal planning commission by R.S. 33:101 et seq. (b) The area within which the commission may exercise such jurisdiction and powers is defined as all of the parish including the incorporated area of the City of Houma. (c) Any exercise of jurisdiction by the commission within that area defined as the incorporated area of the City of Houma, prior to the effective date of this section, is hereby ratified and declared to be valid. (d) Nothing herein shall affect or limit those powers and functions granted to the parish government and council by any provision of this Code including, but not limited to, sections through 24-36, nor any acts done by the parish government and council in furtherance thereof. Sec Service as parish zoning and land use commission. (a) The commission shall serve as the zoning and land use commission for the City of Houma and any other part of the parish where zoning and land use authority is exercised. (b) The commission shall hold separate meetings and keep separate minutes and records when serving as the zoning and land use commission. (c) When acting as the zoning and land use commission, the commission shall hold whatever meetings are necessary, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. (d) The commission shall have for its purpose, as the zoning and land use commission, the promotion of health, safety, morals and the general welfare of the community, and the commission may regulate the height, number of stories and size of structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

20 Sec Appeals. With the exception of those appeal rights specifically granted to the Board of Adjustment in Chapter 28 of this Code, appeals from decisions of the commission shall be to the Council in accordance with applicable procedures. Sec Ratification. Any exercise of jurisdiction by and all acts of the former Houma- Terrebonne Regional Planning Commission and the former Zoning Commission prior to the effective date of this section are hereby ratified and declared to be valid. SECTION III All references to the Zoning Commission in the Terrebonne Parish Code shall be replaced with the Houma-Terrebonne Regional Planning Commission. SECTION IV If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections and other portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION V This ordinance shall become effective upon approval by the Parish President. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre and P. Rhodes. NAYS: C. Voisin and P. Lambert. ABSENT: A. Tillman. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * * Council Clerk P. Labat stated that if the Houma-Terrebonne Planning Commission and Zoning Commission are combined he will send out notices to the present members of both commissions advising them of openings on the new board for November 3, The Chairman recognized the public for comments on the following: I. A proposed ordinance that will establish a 10-Ton Weight Limit on the entire length of Imperial Drive There were no comments from the public on the proposed ordinance. Mr. W. Thibodeaux moved, seconded by Mr. H. Lapeyre, THAT, the Council close the aforementioned public hearing. The Chairman called for a vote on the motion offered by Mr. W. Thibodeaux

21 YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman OFFERED BY: SECONDED BY: Mr. W. Thibodeaux. Mr. H. Lapeyre. ORDINANCE NO AN ORDINANCE AMENDING THE PARISH CODE OF TERREBONNE PARISH, CHAPTER 18, ARTICLE IV, DIVISION II, SECTION TO ESTABLISH A 10 TON WEIGHT LIMIT ZONE ON THE ENTIRE LENGTH OF IMPERIAL DRIVE; TO AUTHORIZE THE INSTALLATION OF SAID SIGNS; AND TO ADDRESS OTHER MATTERS RELATIVE THERETO. SECTION I BE IT ORDAINED by the Terrebonne Parish Council, in regular session convened, acting pursuant to the authority invested in it by the Constitution and laws of the State of Louisiana, the Home Rule Charter for a Consolidated Government for Terrebonne Parish, and including, but not limited to, LSA R.S. 33:1368 and other statutes of the State of Louisiana, to amend the parish Codes of Terrebonne Parish, Chapter 18, Article IV, Division II, Section to create a 10 TON WEIGHT LIMIT zone on the entire length of Imperial Drive, as follows: CHAPTER 18, Motor Vehicles and Traffic ARTICLE IV, Operation of Vehicles DIVISION II, Parish SECTION , Weight Restrictions Ten Tons The entire length of Imperial Drive shall hereby be declared 10 Ton Weight Limit Zones and appropriate 10 Ton Weight Limit signs shall be erected and maintained along said roadway. Any vehicle traveling on Imperial Drive shall adhere to the provisions of this ordinance. SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections or other portions of this ordinance shall remain in full force and effect, the provisions of this section hereby being declared to be severable. SECTION III Any ordinance or part thereof in conflict herewith is hereby repealed. SECTION IV This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13 (b) of the Home Rule Charter for Consolidated Government for Terrebonne Parish, whichever occurs sooner.

22 This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: THERE WAS RECORDED: YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes and P. Lambert. ABSENT: A. Tillman. The Chairman declared the ordinance adopted on this, the 13 th day of October, * * * * * * * * * Mr. P. Rhodes moved, seconded by Mr. H. Lapeyre, THAT, the Council continue with the regular order of business. The Chairman called for a vote on the motion offered by Mr. P. Rhodes. YEAS: W. Thibodeaux, K. Elfert, T. Cavalier, C. Duplantis, H. Lapeyre, C. Voisin, P. Rhodes, and P. Lambert NAYS: None ABSTAINING: None ABSENT: A. Tillman OFFERED BY: SECONDED: Ms. T. Cavalier. Unanimously. RESOLUTION NO WHEREAS, Governor Kathleen B. Blanco has approved Louisiana s participation in and celebration of National Disability Employment Awareness Month during the month of October, and WHEREAS, in celebration of National Disability Employment Awareness Month (NDEAM) organizers have put together a Job Fair for the Houma/Thibodaux region to be held on October 20, 2004 at the Evergreen Cajun Center located at 4694 West Main in Houma, and WHEREAS, this Job Fair will provide participating businesses the opportunity to promote their businesses, have access to qualified applicants and create a diverse workforce, and WHEREAS, there are three federal tax incentives available to help businesses offset the cost of accommodations for employees with disabilities and to make their places of business accessible for employees and/or customers with disabilities, and WHEREAS, it has been shown that individuals with disabilities seeking employment make loyal employees willing to work hard to keep their jobs and to fulfill the ambitions of their employers, and WHEREAS, there are compelling reasons to hire people with disabilities, including the fact that employees with disabilities possess valuable skills such as dependability, dedication, productivity, strong work ethic and safe work habits, and